Legislation and regulations governing ethics and corruption are one of the primary issues facing business and regulators today. A business can suffer both loss of reputation and penalties that may threaten its survival. In light of such challenges, businesses need to protect themselves by adopting compliance mechanisms for any situation.
BCF offers its clients a wide range of services in connection with corporate governance, ethical business practices, prevention and compliance, dealing with regulatory, penal and criminal inquiries as well as defending against allegations of fraud, corruption, price fixing and participating in a cartel. We work with and advise clients in both the public and private sectors, from high-ranking civil servants to business leaders. Our multidisciplinary team has the experience and the qualifications to master the sensitive issues at play and to shield you from problems before they arise or help you manage a crisis.
Prevention and Governance
BCF helps its clients adopt concrete measures to improve the governance of their business, to protect themselves against corruption and to comply with the various applicable laws and rules in the following way:
carrying out a detailed risk analysis to help our clients develop efficient and proportionate compliance strategies;
adopting policies by which management can encourage appropriate behaviour;
adopting programs and mechanisms to prevent and detect inappropriate behaviour;
offering customized, onsite training regarding ethics and compliance
Compliance of Transactions
carrying out a preliminary review upon a merger/acquisition or the conclusion of similar transactions, such as joint ventures or distribution, franchise or representation agreements;
offering advice on legislation, norms, charters and codes, whether national, foreign or international, regarding corporate social responsibility, business ethics and anti-corruption measures;
advising and supporting clients with respect to the risks of corruption in the public markets, including disqualification procedures;
assisting clients to comply with the authorization process under the Act Respecting Contracting by Public Bodies in Quebec or the Integrity Framework at the federal level.
Administrative, Penal and Criminal Investigations
BCF works with its clients in connection with internal or external investigations and helps them comply with their obligations in the following ways:
carrying out internal investigations and providing legal advice when sanctions or corrective measures are necessary;
advising clients on their rights and obligations in connection with administrative, criminal or quasi-criminal investigations regarding election financing, securities regulation, competition or Canadian laws such as the Corruption of Foreign Public Officials Act or the Proceeds of Crime (Money Laundering) and Terrorist Financing Act;
assisting clients by representing them in connection with searches and related proceedings, including before the courts;
supporting clients in the development and adoption of protocols with respect to the management of searches, as well as related training programs.
Representation Before the Courts in Penal and Regulatory Affairs
BCF represents and advocates for its clients’ rights when they are called upon to testify in connection with various types of investigations. In particular, our professionals represent our clients in their discussions with the authorities charged with investigations and prosecutions, and ensure their defence during the trial and provide observations with respect to sentencing.
By participating in the resolution of major crises, our litigators who specialize in reputational and crisis management have developed cutting-edge expertise that is unique in their industry. Researching facts, setting up a crisis room, identifying lines of communication, handling messaging and cooperating throughout with professionals from other disciplines involved in the crisis: we have all the expertise required to prevent or to recognize a crisis, to help the business to handle it and to recover, as well as to draw the lessons that can often bring about changes that trigger a new chapter of growth.